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Companies Act 1948

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165Investigation of company's affairs in other cases

Without prejudice to their powers under the last foregoing section, the Board of Trade—

(a)shall appoint one or more competent inspectors to investigate the affairs of a company and to report thereon in such manner as the Board direct, if—

(i)the company by special resolution; or

(ii)the court by order;

declares that its affairs ought to be investigated by an inspector appointed by the Board; and

(b)may do so if it appears to the Board that there are circumstances suggesting—

(i)that its business is being conducted with intent to defraud its creditors or the creditors of any other person or otherwise for a fraudulent or unlawful purpose or in a manner oppressive of any part of its members or that it was formed for any fraudulent or unlawful purpose; or

(ii)that persons concerned with its formation or the management of its affairs have in connection therewith been guilty of fraud, misfeasance or other misconduct towards it or towards its members; or

(iii)that its members have not been given all the information with respect to its affairs which they might reasonably expect.

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